Legal Terms
Terms of Use
Update Date: Mar. 31st, 2025
These Terms of Use (this “Agreement”) form a binding agreement between SILICONFLOW TECHNOLOGY PTE. LTD.(“SiliconFlow”, “we”, “us” or “our”) and you (“User”, “you” or “yours”) and governs your access to and use of the Platform (as defined below) and Services (as defined below). The Services are not available for users located in the territory of mainland China and users in China may access our services through https://siliconflow.cn. Please note that this Agreement includes and incorporates by reference our Privacy Policy accessible at https://docs.siliconflow.com/en/legals/privacy-policy (“Privacy Policy”) and the User Agreements (as defined below).
You acknowledge that this Agreement has the same force and effect as if it were executed in writing between you and SiliconFlow. By accessing or using any part of the Platform and/or Services, you acknowledge and agree that (i) you have read, understood, and agree to be bound by the terms of this Agreement, Privacy Policy and the User Agreements, and (ii) you have reached the legal age and have the capacity in accordance with the laws and regulations where you are located to form a binding contract with SiliconFlow. If you do not agree to be bound by the terms of this Agreement, the Privacy Policy, and the User Agreements, are not of legal age, or do not have such capacity to enter into this Agreement, you may not access or use the Platform and Services.
We reserve the right to revise this Agreement, or to amend or issue new Documentation and other terms and conditions governing your access to and use of the Platform and Services (including new features or functionalities in the Platform and Services) (collectively, “User Agreements”) at any time. We may use commercially reasonable methods to notify you of such revisions, such as by providing a push notification to you via the Platform. Your continued access to or use of Platform and/or Services after such notice had been given and such revised Agreement, revised User Agreement or new User Agreement had come into effect shall constitute your acceptance of the revised Agreement, revised User Agreement or new User Agreement (as the case may be).
1. DEFINITIONS
1.1 In this Agreement, the following words and expressions shall have the meanings respectively assigned to them hereunder: “Account” has the meaning given to it in Clause 5.1. “Affiliates”, in relation to a party, means any entity which controls, is controlled by, or is under common control with such party (where “control”, including its correlative meanings such as “controlled by”, “controls” and “under common control with”, means, the direct or indirect power to direct or cause the direction of the management and policies of a corporation, whether through the ownership of voting securities, by contract, or otherwise). “Platform” means the Platform provided in various versions (including for instance web, API and mobile applications) and made available by SiliconFlow which the User may use to access the Services. “Documentation” means any and all user guides, guidelines, notices, operating rules, policies and instructions or other documentation describing the features, functionality or operation of the Platform and Services supplied or made available by SiliconFlow for use with or in support of the Services, including without limitation any and all revisions, modifications, and updates to such Documentation made by SiliconFlow from time to time. “Errors” has the meaning given to it in Clause 4.2(c). “Fees” has the meaning given to it in Clause 6.1. “Feedback” has the meaning given to it in Clause 12(a). “Force Majeure Event” means any circumstance not within a party’s reasonable control, including, without limitation (a) fire, storm, lightning, flood, drought, earthquake or other natural disaster or other similar acts of God; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) any Law or any action taken by a Governmental Authority, including without limitation to changes to Law, imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; (e) fire, explosion or accident; (f) any labour or trade dispute, strikes, industrial action or lockouts; (g) non-performance by suppliers or subcontractors; and (h) the unavailability, interruption or failure of utility services such as electricity, gas, water, telecommunications including the internet. “Governmental Authority” means any governmental, administrative, statutory, regulatory or self-regulatory, judicial or arbitral authority or body (including any division thereof), anywhere in the world with jurisdiction over the relevant affairs of SiliconFlow or the User. “Harmful Code” means any computer code, files, scripts and programs, including any malware and/or software, that is intended or known to be harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, ransomware and any new type of threats. “Intellectual Property Rights” means patents, trademarks, service marks, copyright, know-how, design rights, database rights, rights in software, rights in designs and inventions, trade secrets, confidential information, trade and business names and brands, internet domain names, any application (whether pending, in process or issued) for any of the foregoing and any other industrial, intellectual property or protected right similar to the foregoing (whether registered, registrable or unregistered) in any country and in any form, media, or technology now known or later developed. “Interaction Data” means data generated or processed through the Services provided by this Platform (excluding third-party services), including but not limited to through means of input, feedback, modification, processing, storage, uploading, downloading, distribution, and other methods, in relation to open-source models, third-party websites, software, applications or services. “Laws” means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time, including the common law as may be applicable from time to time and any applicable industry codes or standards which are of a mandatory and binding nature. “Maintenance” means any scheduled or urgent suspension or restriction of the Platform or Services to allow for Updates, upgrades, repairs, and maintenance of the Platform or Services. “Payment Method” has the meaning given to it in Clause 6.5. “Payment Service Provider” has the meaning given to it in Clause 6.6(a). “Personal Data” means data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which a party has or is likely to have access. “Personnel” has the meaning given to it in Clause 10.6. “Registered User” has the meaning given to it in Clause 5.1. “Registration Data” has the meaning given to it in Clause 5.4. “Rewards” has the meaning given to it in Clause 6.3. “Services” means the services, functions, features, information and content provided by SiliconFlow and/or its business partners to the User through the Platform. For the avoidance of doubt, Services exclude Third-Party Materials. “Technical Data” means system specific data or information and other technical data relating to the Platform or Services. “Term” has the meaning given to it in Clause 13.1. “Third-Party Account” has the meaning given to it in Clause 5.3. “Third-Party Materials” has the meaning given to it in Clause 9.1. “Third Party Software” has the meaning given to it in Clause 8.1. “Trademarks” has the meaning given to it in Clause 2.3. “Unavailability” has the meaning given to it in Clause 4.2(c). “Updates” means updates, bug fixes, patches, corrections, modifications, enhancements, new releases, the introduction of new functionalities or features to, or removal or modification of existing functionalities or features from, the software components of the Platform or Services. “User Agreements” means the Documentation and Policies that SiliconFlow may introduce from time to time. “User Device” has the meaning given to it in Clause 8.1. “User Failure” means any failure or inability to access or use the Platform or Services that is attributable to the User, including without limitation (i) your access or use of, or attempt to access or use, the Platform and/or Services in breach of this Agreement (including the User Agreements), (ii) the User’s non-compliance with the User Obligations and Restrictions as set out in Clause 3 of this Agreement; (iii) the User’s delay in performing, or failure to perform any of its obligations under this Agreement (including making payments), (iv) connectivity issues with the Users’ internet connection, or (v) failure or incompatibility of the User Devices, and other hardware or software components required by the User to access or use the Platform or Services which are not provided by SiliconFlow. “SiliconFlow Intellectual Property” has the meaning given to it in Clause 11.1. “SiliconFlow Proprietary Marking” has the meaning given to it in Clause 11.1(a).2. LICENSE
2.1 The Platform (including the Documentation and Services) is owned by us. Subject to the terms and conditions of this Agreement, during the Term, SiliconFlow grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and non-assignable license to access and use the Platform and Services for in Singapore. 2.2 All Intellectual Property Rights available on and/or through the Platform and the Services (excluding the Interaction Data and the Registration Data) are owned by SiliconFlow or licensed to SiliconFlow by our licensors. You do not acquire any rights, title or interest in or to the Platform or Services, other than a right to use the Platform or Services in accordance with the limited license granted hereunder and subject to all terms, conditions, and restrictions, under this Agreement. SiliconFlow reserves and shall retain its entire right, title, and interest in and to the Platform and Services, including all Intellectual Property Rights therein or relating thereto. 2.3 The trademarks, service marks, trade names and logos used and displayed on the Platform (the “Trademarks”) are registered and unregistered trademarks of SiliconFlow (except those Trademarks contained in Registration Data provided by you) and others. Nothing on the Platform should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trademarks displayed on and the Platform, without the prior written permission of SiliconFlow or any other applicable trademark owner.3. USER OBLIGATIONS AND RESTRICTIONS
3.1 You shall access and use the Platform and Services in compliance with this Agreement, the User Agreements, Documentation, and all applicable Laws. 3.2 You confirm, declare and warrant that you will comply with the obligations specified under Article 7 of the Agreement. 3.3 You shall not use the Platform or Services: a. for any unlawful purposes or criminal activity; or b. to post, upload, publish, submit, disseminate, promote or transmit or otherwise make available any:- i. unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise objectionable content or material;
- ii. material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
- iii. unauthorised material for advertising purposes or otherwise;
- iv. materials that infringe or violate any other person’s Intellectual Property Rights (including without limitation making, transmitting or storing electronic copies of materials protected by Intellectual Property Rights without the permission of the owner), rights of publicity or privacy, or other personal rights; or
- v. materials that, in the sole judgment of SiliconFlow, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform or Services, or which may expose SiliconFlow or its users to any harm or liability of any type.
- monitor your access to or use of the Platform or Services, check, vet and/or control any activity, content or information occurring on or through the Platform or Services, to ensure your compliance with this Agreement, or to comply with SiliconFlow’s obligations under applicable Laws or the order or requirement of a court or other Governmental Authority;
- investigate and prosecute violations of this Agreement to the fullest extent of the Law, report any suspicious or unlawful activities occurring on or through the Platform and Services, and involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement; and
- terminate the license granted to you under this Agreement and remove or disable your access to and use of the Platform or Services (or any part thereof) at any time and without prior notice for any reason or no reason (including without limitation to circumstances where SiliconFlow, at its sole discretion, consider any of your actions or operations to be in violation of this Agreement or applicable Law, is harmful to the Platform or Services or any users of the Platform or Services, or to comply with the order or requirement of a court or other Governmental Authority).
4. AVAILABILITY
4.1 SiliconFlow will use commercially reasonable efforts to make the Platform and Services available to you, and ensure that the Platform and Services will comply with Singapore Laws. 4.2 Notwithstanding the foregoing, you acknowledge and agree that: a. As the applicable Singapore Laws and relevant technical reference guides may be subject to changes from time to time, SiliconFlow cannot guarantee that your access to or use of the Platform and/or Services will always remain compliant with the applicable Singapore Laws; b. The availability and performance of the Platform and/or Services may vary depending on a variety of factors which may be outside of SiliconFlow’s control, including without limitation to stability of the internet and disruption of telecommunication network. SiliconFlow makes no representations or warranties, whether express, implied, statutory or otherwise, to the performance (including without limitation to quality, speed, service level or efficiency), uptime, or availability of the Platform and/or Services, or that your access to or use of the Platform and/or Services will be uninterrupted, error-free or will meet your needs or requirements; and c. SiliconFlow shall not be held responsible or liable for any errors or disruptions in the Platform and/or Services (“Errors”), or your inability to access or use the Platform and/or Services (or any part thereof) (“Unavailability”) for any reasons, and any losses or damages you may suffer as a result of such Error or Unavailability, including where such Error or Unavailability is due in part or in whole to any of the following:- i. User Failure;
- ii. Maintenance;
- iii. Force Majeure Event;
- iv. changes in Laws or orders or requirements of a court or other Governmental Authority;
- v. any suspension or termination of your Account, access and/or use of the Platform and/or Services in accordance with this Agreement; and
- vi. failure of the internet, telecommunication network, power grid failure, or any other reasons not caused by or attributable to SiliconFlow, or beyond SiliconFlow’s control.
5. USER ACCOUNT
5.1 In order to access the Platform or Services, you are required to become a Registered User and access such features through your Account. For the purposes of the Agreement, a “Registered User” is a User who has registered an account on the Platform for the use of such features (“Account”). 5.2 In order to become a Registered User, you will be required to register and log in to your Account through a third-party account. . 5.3 SiliconFlow may allow you to link your Account with, or otherwise access the Platform or Services using, your accounts on third party services (for example, [Google, Github, and other third party services as SiliconFlow may permit from time to time]) (“Third-Party Account”). For the purposes of this Agreement, all references to “Account” shall include “Third-Party Account”. 5.4 In creating an Account, you agree to: a. provide true, accurate, current and complete information about yourself (the “Registration Data”); b. maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and c. not create an Account using a false identity or information, or on behalf of someone other than yourself. 5.5 You acknowledge and agree that you shall be solely responsible for maintaining the confidentiality and security of your Account and shall not allow another person to use your Account to access the Platform and Services. You shall immediately notify SiliconFlow via contact@siliconflow.com if you have reason to suspect that the confidentiality of your Account has been compromised, or if you suspect or become aware of any unauthorised use of your Account or any other breach of security. 5.6 Notwithstanding the foregoing, you acknowledge and agree that any access to and/or use of the Platform or the Services, any actions taken on, and all operations of, the Platform and Services, and any information, data or communications that occur under or through the use of your Account or are referable or traceable to your Account (including without limitation to any Services accessed or activated, and any payments or purchases made under your Account) shall be attributable to you, and you shall be deemed to have taken such actions and shall be solely responsible for all such actions, even if you did not authorise such actions. SiliconFlow shall be entitled (but not obliged) to act upon and hold you responsible and liable for such action, as if such actions were carried out by you. You also agree to indemnify SiliconFlow entirely against any and all losses attributable to any access to and/or use of the Platform and/or the Services referable or traceable to your Account. 5.7 SiliconFlow shall not be liable to you for any harm or loss arising from or relating to the theft of your Account, your disclosure of your Account, or the use of your Account by another person or entity. 5.8 SiliconFlow reserves the right to require you to provide additional Registration Data, change your password, temporarily or permanently suspend or terminate your Account, or impose limits on or restrict your access to and use of the Platform or Services with or without notice at any time for any or no reason including: a. if you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or SiliconFlow has reasonable grounds to suspect that any Registration Data you provide is untrue, inaccurate, not current or incomplete; b. if SiliconFlow has reasonable grounds to believe you have violated, or are about to violate, the Agreement, including any incorporated agreements, policies or guidelines, or any applicable Laws, or that your Account may have been compromised; c. if activities occur under your Account which, in SiliconFlow’s sole discretion, would or might cause damage or losses to SiliconFlow or any users (whether yourself or other users), impair SiliconFlow’s ability to provide the Platform or Services, or infringe or violate any third party rights (including Intellectual Property Rights); d. if you decline to disclose such information required for the continued usage of the Platform or Services; e. in response to requests by law enforcement agencies or other Governmental Authority; or f. to address or respond to technical or security issues or problems, or to allow for repairs, maintenance or the introduction of new functionalities or services. 5.9 SiliconFlow shall not be held liable for any losses suffered by you arising out of or in connection with such suspension or termination of your Account. 5.10 You agree not to create an Account and/or use the Platform or Services if you have previously been banned from the Platform and Services by SiliconFlow. 5.11 You hereby acknowledge and agree that any or all data (including without limitation to user access data, user account data and transaction data) and communications with the Platform may be monitored, captured, recorded and transmitted to the authorities in compliance with the local legal requirements and without further notice. 5.12 It is your responsibility to keep your User Devices and access to this Platform secure. Any removal of software restrictions and limitations imposed by the official operating system of your User Devices may make your User Devices vulnerable to Harmful Code and/or compromise your User Devices’ security features, and may also affect the proper functionality of the Platform and/or Services. We shall not be liable or responsible for any damage, expense or loss of any kind suffered directly or indirectly by you as a result of any loss, disclosure, theft and/or unauthorised use of your Account, security credentials and/or User Devices.6. FEES AND PAYMENT
6.1 You are required to pay fees to us to access or use the Services. In order to access and use such Services, you must make full payment of the applicable fees for the Services which you have received and used (“Fees”). The Fees iwill be displayed to you through the Platform prior to you receiving our Services. You’re responsible for all applicable taxes, and we’ll charge tax when required. Should you choose to accept the Fees and receive our Services, such Fees will be due and payable by you immediately upon you having received the Services. The Fees may be recurring or based on usage. If these Fees are specified to be recurring or based on usage, you agree that we may charge the fees on a periodic basis to the payment method you specify at the time of your initial purchase. SiliconFlow may suspend or restrict your further use of our Platform and/or Services if you do not make full payment of the Fees. 6.2 SiliconFlow reserves the right to recover any Fees due from you that arose from Errors as described in Clause 4.2(c). 6.3 You acknowledge and agree that: a. Except where we specifically agree otherwise in a separate contract with you, we may adjust or increase any Fees for access to or use of the Services at any time. Additional Fees may apply for additional Services or features of the Services that SiliconFlow may make available. In such cases, we will provide you with notice before charging the additional Fees. If we charge additional Fees in connection with our Services, you will have an opportunity to review and accept the additional Fees that you will be charged before being charged. If you do not accept any such additional Fees, we may discontinue your access to the Services or features. b. While SiliconFlow may make available one or more Payment Methods in the Platform, SiliconFlow does not operate or provide any payment services. The payment services behind each of the respective Payment Methods are provided to you by the relevant service providers (“Payment Service Providers”), and your use of such payment services may be subject to you entering into separate agreements or arrangements with such Payment Service Providers, which SiliconFlow is not a party to. SiliconFlow shall not be liable for, and you shall release SiliconFlow from, any obligations or liabilities that may be owed by you to your bank, debit or credit card company, or Payment Service Provider under any agreement or arrangement between you and such third parties; c. SiliconFlow does not provide you with the service of accepting money for the purpose of executing or arranging for the execution of a payment transaction; d. SiliconFlow does not provide any online payment gateway or related services; and e. SiliconFlow does not, and does not purport to, operate a payment service regulated under the Payment Services Act 2019 of Singapore. Consequently, we owe no duties and does not purport to owe any such duties (whether contractual or otherwise) to you in relation to the receipt of such money. You acknowledge that we are not licensed, approved or registered under the Payment Services Act 2019 of Singapore and you may not be afforded the relevant protections set out in the Payment Services Act 2019 of Singapore and related subsidiary legislation, regulations, circulars, notices, directions and guidelines. 6.4 All payments shall be made in the currency as indicated within the Platform for the relevant paid Services. 6.5 You shall be responsible for all taxes and transaction charges associated with your payments. 6.6 Without our written consent or in accordance with other relevant policies of this platform, once the payment obligation arises, it cannot be cancelled, and the fees already paid will not be refunded. 6.7 You shall be responsible for verifying the accuracy of any Fees charged to you. If you dispute or disagree with any Fees charged, you must notify SiliconFlow in writing within seven (7) days from the date such Fees are charged to you. If you do not provide us with such notice within seven (7) days, you shall be deemed to have accepted the accuracy of the Fees and waived your right to dispute the same. SiliconFlow shall not be liable for all losses arising from or in connection with discrepancies or inaccuracies. 6.8 If you have any questions when purchasing services, you can contact us at contact@siliconflow.com.7. INTERACTION DATA
7.1 This service may allow Registered Users, in accordance with the purpose of Platform usage, to input, provide feedback, make corrections, process, store, upload, download, or distribute personal data, videos, images, audio, comments, questions, and other content, files, data, and information (collectively referred to as “Interaction Data”) between open-source models, third-party websites, software, applications, or services during their use of the models. 7.2 If any Interaction Data violates applicable laws, regulations, or this Agreement, we reserve the right to delete or suspend Services. 7.3 With respect to your Interaction Data, you hereby confirm, represent, and warrant that: a. upon our request, you will provide written explanations or authorization regarding the source and legality of any personal information or other data requiring authorization contained in the Interaction Data. If you exceed the scope or duration of authorized use, you shall be solely responsible for obtaining expanded or extended authorization; b. your Interaction Data, as well as our use of such data under this Agreement, will not violate any applicable laws or infringe any rights of any third party, including but not limited to intellectual property rights and privacy rights; c. your Interaction Data does not include any information or materials deemed sensitive or confidential by government authorities, nor does it infringe any third party’s confidentiality rights; d. you will not upload or provide, directly or indirectly through this service, any personal information of children under the age of 14; e. your Interaction Data does not include nudity or other sexually suggestive content; hate speech, threats, or direct attacks against individuals or groups; abusive, harassing, infringing, defamatory, vulgar, obscene, or privacy-violating content; sexist, racist, ethnic, or other discriminatory content; content promoting self-harm or excessive violence; fake or impersonated profiles; illegal content or material encouraging harmful or unlawful activities; malicious programs or code; personal information of any individual without their consent; or spam, machine-generated content, unsolicited messages, or other objectionable material; and f. all Interaction Data provided to us are legal and do not infringe upon the legitimate rights and interests of any third party. 7.4. Disclaimer. We will not be responsible or liable for any Interaction Data. You are solely responsible for all Interaction Data that you input, modify, process, store, upload, download, distribute, or otherwise handle through this Platform or model services. Unless otherwise required by law, agreed under specific product rules, or necessary to provide technical assistance for troubleshooting or resolving technical issues at your request, our technical services will strictly execute your instructions for processing Interaction Data. We will not access your Interaction Data. You acknowledge and agree that we and this platform act solely as passive technical supporters or channels for Interaction Data. We are under no obligation to store Interaction Data and will not use or disclose it without authorization. Additionally, we will only use your Interaction Data in compliance with applicable laws and solely for the purpose of providing Services to you.8. INTERNET / USER DEVICE / THIRD PARTY SOFTWARE
8.1 You acknowledge and agree that to access and use the Platform and Services, you will need access to the Internet and a computing device capable of accessing the Internet and compliant with the specifications set forth in the Documentation (“User Device”). In addition, certain third party software which is not incorporated into the Platform and Services (including the operating system of the User Device and web browsers) (“Third Party Software”) may be required to be properly installed onto such User Device for you to access and use the Platform and Services. You acknowledge that SiliconFlow has no control over the terms and conditions of the end user license agreement provided with such Third Party Software and shall under no circumstance be deemed a party to any agreement or arrangement between you and any third parties. You shall be fully responsible for obtaining Internet access, User Devices and entering into and maintaining the end user license agreement for Third Party Software at your own cost, expense and risk. Your use of such separately acquired Third Party Software and/or the User Device shall be in accordance with any applicable terms and conditions. SiliconFlow shall not be liable for, and you shall release SiliconFlow from, any obligations or liabilities that may be owed by you to any third parties under any agreement or arrangement between you and such third parties. SiliconFlow shall not be liable to you for your inability to access the Platform and/or Services for any reasons not attributable to SiliconFlow, including your lack of access to the Internet, or any issues with the User Device or Third Party Software.9. THIRD PARTY MATERIALS
9.1 SiliconFlow may display, include or make available third-party content or provide links to third-party websites or services (collectively, “Third-Party Materials”) on the Platform or Services. You acknowledge and agree that any Third-Party Materials you access through the Platform or Services are entirely at your own risk. 9.2 Without prejudice to the foregoing, you acknowledge and agree that: a. SiliconFlow may but shall have no obligation to monitor and review such Third-Party Materials, and shall not be responsible for such Third-Party Materials, including their accuracy, completeness, timeliness, currency, validity, copyright compliance, legality, decency, quality or any other aspect thereof; b. SiliconFlow does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials; c. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions; d. SiliconFlow does not guarantee the continued availability of such Third-Party Materials, and may cease displaying, including or making available such Third-Party Materials at any time at its sole discretion without any liability to you; and e. SiliconFlow makes no representations or warranties whatsoever, and shall not be liable for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur arising out of or in relation to your use of Third-Party Materials, any transactions completed in or through the same, nor for any contract entered into by you with any third party. 9.3 You shall indemnify SiliconFlow against all costs, losses, liabilities and damages which arise from any action or claim against SiliconFlow from third parties in respect of your use of, integration and/or interface with Third-Party Materials and related data.10. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY
10.1 You acknowledge and agree that to the fullest extent permitted by applicable Laws, the Platform and Services are provided by SiliconFlow on an “as is,” and “as available” basis, with all faults. Without limiting Clause 10 in any way, but for the sake of clarity, to the fullest extent permitted by applicable Laws, SiliconFlow does not make any representations, warranties or undertakings, whether express, implied, statutory or otherwise imposed by Laws, regarding or in relation to the Platform and Services, and expressly disclaims all other warranties, representations, and conditions of any kind, whether express, implied, statutory or otherwise, with respect to the Platform and Services and/or the results that may (or may not) be achieved by the use of the Platform and Services, including without limitation to all warranties of merchantability, third-party rights, title, satisfactory quality, fitness for a particular purpose, completeness, non-infringement, accuracy, correctness, reliability, timeliness or effectiveness, compliance with Laws, and any warranties arising from a course of dealing or usage or trade. SiliconFlow also does not warrant that Errors will be corrected or that the Platform or Services will be free from hallucinations, Errors and/or that the Platform or Services is up to date, accurate or complete. 10.2 Without prejudice to the generality of Clause 10, SiliconFlow does not represent and warrant: a. that the Platform or the Services will meet your requirements; b. the use of the Platform or Services will be or will remain to be permitted by Laws; c. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform or the Services; d. that the Platform or the Services, or any material or information obtained through the Platform or Services, will be provided uninterrupted, secure, or free from errors or omissions; e. that the Platform or the Services or any material obtained through or from the Platform or Services are free from any Harmful Code; or f. the security of any data or information (including Interaction Data) transmitted by you or to you through the Platform or the Services. In this regard, you acknowledge and agree that you understand that any material or information transmitted or received through the Platform or Services may be accessed by unauthorised third parties, and accept the risk of such occurrences and shall not hold SiliconFlow liable for the same. 10.3 In no event shall SiliconFlow be liable to you for: a. any loss of earnings, revenue, profits, sales, contracts, business opportunity, business or anticipated savings; b. any loss of goodwill or loss of reputation; c. any loss or corruption of data; or d. any incidental, consequential, exemplary, special, punitive, multiple, pure economic loss, emotional distress or psychological trauma, other indirect losses,whether based upon warranty, contract, tort, statute, strict liability or otherwise, even if SiliconFlow has been advised of the possibility of such damages or losses, arising out of, resulting from or relating in any way to:a. your use or inability to use the Platform or Services for any reasons; b. your reliance on any material or information made available through the Platform or Services; c. the cost of procurement of substitute goods or services resulting from any goods, data, information or Services purchased or obtained or messages received for transactions entered into through the Platform and Services; d. any unauthorized access to or alteration of your data or information (including Interaction Data); e. statements or conduct of any third party on the Platform; or f. any other matter relating to the Platform and Services. 10.4 Save with respect to death or personal injury caused by the negligence of SiliconFlow, to the maximum extent permitted by Law, SiliconFlow shall not be liable to you for any death or personal injury, however caused and under any theory of liability, arising out of this Agreement or your use of the Platform and/or Services, or resulting from or relating in any way to your use or inability to use the Platform or Services. 10.5 In no event shall SiliconFlow’s aggregate liability arising out of or related to this Agreement exceed [the amount of monies paid by you to SiliconFlow for the paid Services in the [one (1) year] period prior to the date your claim arose]. 10.6 You shall indemnify, defend and hold harmless SiliconFlow, our related corporations, our and our related corporations’ directors, officers, employees and agents (collectively, our “Personnel”) from and against any and all claims, demands, actions, suits proceedings, damages, obligations, losses, liabilities, costs, penalties or expenses (including, but not limited to, legal fees incurred by us on a full indemnity basis) of whatsoever nature which may be suffered or incurred by us as a result of or in connection with: a. your use of the Platform or Services or the results obtained therefrom; b. any breach of this Agreement by you; c. any damage or injury caused by you to any property belonging to any Personnel; d. any damage or injury caused by you to any person and/or their property; and e. your infringement of any third party right (including any intellectual property, property, or privacy right). 10.7 You further acknowledge and agree that any Personnel shall be entitled to rely on and enforce the indemnity in Clause 10.6 as if such Personnel were a party to this Agreement. 10.8 You hereby acknowledge and agree that the disclaimer of warranties, limitations of liability and indemnity in this clause and in the other provisions of this Agreement and the allocation of risk therein are essential elements of the bargain in SiliconFlow’s provision of the Platform and/or Services, without which SiliconFlow would not have provided the Platform and/or Services or entered into this Agreement.
11. INTELLECTUAL PROPERTY
11.1 Ownership. a. You acknowledge and agree that SiliconFlow and its third-party licensors own all rights, titles and interests (including without limitation to Intellectual Property Rights) in and to:- i. the Platform, Services, and Documentation;
- ii. any trade marks, service marks, trade names, domain names, website names, other significant brand features or specific descriptions which will allow a third party to identify SiliconFlow and/or its Affiliates (collectively, “SiliconFlow Proprietary Markings”);
- iii. all updates, derivatives and modifications developed or derived therefrom, including without limitation to any software, source and object codes, algorithms, data models, technology, web pages, text, pictures, images, audio, video, charts, layout design, and electronic documents, or customisation to the Platform and Services;
- iv. any intangible ideas, residual knowledge, concepts, know-how and techniques related to or learned from SiliconFlow’s provision of the Platform or Services, including, without limitation, any intangible ideas, residual knowledge, concepts, know-how, and techniques related to any new features for the Platform or Services, whether or not created for you; and
- v. any operation and technical data relating to the Platform and Services (including without limitation to user Account information, Registration Data, operation records, and service orders)
(collectively, the “SiliconFlow Intellectual Property”).b. As between you and us, you retain your ownership over the rights (including Intellectual Property Rights, if any) in the Interaction Data. You may use the results generated by the large model on the basis of your compliance with the following and in accordance with laws and regulations:(i) your use of the service and the output will not transfer or infringe any intellectual property rights (including infringing the intellectual property rights of Silicone - based Flow and those of other third parties);(ii) If, at our discretion, we consider that your use of the output violates laws and regulations or may infringe the rights of any third party, we may restrict your use of the output at any time and require you to cease using the output (and delete any copies thereof);(iii) you shall not represent that the output of the large - language model is human - generated;(iv) you shall not violate any licensing or usage restrictions of the model provider. 11.2 Other than the limited license and use rights expressly set forth in this Agreement to SiliconFlow Intellectual Property, SiliconFlow does not grant you any rights to SiliconFlow Intellectual Property and reserves all rights therein. 11.3 You shall not, and shall not permit any other person to: a. access or use SiliconFlow Intellectual Property except in accordance with the terms of and otherwise permitted under this Agreement; b. display, use, apply for registration any SiliconFlow Proprietary Markings; c. represent to any other persons, that you have the right to display, use or to otherwise dispose of SiliconFlow Proprietary Markings; d. modify, alter, remove, delete or destroy any SiliconFlow Proprietary Markings placed upon or contained within the Platform, Services or any Documentation; or e. take any action which would cause the Platform and/or Services or any part thereof to be placed in the public domain or to become open-source software. 11.4 You further acknowledge that you, and not SiliconFlow, are entirely responsible for all Interaction Data, input, output and all content or other materials that you make available through the Platform and/or Services.